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Eugene DUII Diversion Program

If you have recently received your first Oregon DUII offense, then you may want to talk with your Eugene criminal defense attorney about Oregon’s diversion program for first time offenders. It is generally a good idea to apply for this program because by doing so you can avoid 2 days’ jail time or 80 hours of community service as well as a $1000 fine, which are otherwise mandatory. Under ORS 813.215, you could be eligible for the diversion program if you meet the following criteria. (1) You have not been charged with a DUII (or other similar drug or alcohol related charges) or been in a DUII diversion program as well as any other drug or alcohol programs in the past 15 year (10 years if your arrest was before January 1, 2010). (2) The DUII you were charged with did not involve an accident where any other party (other than yourself) was injured or died. (3) You are not eligible for the diversion program if you have a commercial driver’s license.

eugene-oregon-criminal-defense-lawyer-97402-irvingThe Eugene District Attorney’s office will sometimes object to a defendant’s entry into the program even after they meet these requirements if there was a child in the car when the defendant was charged with the DUII or if the defendant has previous DUII cases that are older than 15 years. If you have questions about whether or not you satisfy the conditions for the diversion program, we urge you to call Veralrud & Fowler today for a free phone consultation where we can answer a few of your basic questions.

In order to enter the Oregon diversion program you must plead guilty or no contest to the charge in court. Not all judges will accept a no contest plea in diversion cases even though under ORS 813.200(4)(a) it is within your rights to do so. During the diversion program period, your guilty plea is suspended. If you comply with their terms and stay out of trouble, your DUII will be dismissed after one year. As of 2012, some of the terms include not drinking and installing an ignition interlock device into your car. A Eugene criminal defense attorney can help you file the paperwork and make sure the diversion process meets all the requirements.

Eugene, Oregon DUII Diversion Program Qualifications

Have you been charged with a DUII and need to know your options? If so it’s time to hire a qualified Eugene criminal defense lawyer. At Veralrud and Fowler we have years of experience handling DUII charges and would be honored to serve as your legal representation.

In certain instances those who have been charged with DUII have the ability to go into the Diversion program. In order to qualify for the Diversion program:

  • You cannot have been charged with driving while under the influence of intoxicants or other drug and alcohol related charges in the last 15 years. This includes having been in DUII Diversion within the 15 year time frame. If your conviction was after January 1st, 2010 then only 10 years must have passed.
  • The accident you were involved in when under the influence cannot have injured or killed any other person. If you were injured you can still qualify for DUII Diversion.
  • If you are a commercial truck driver operating with a CDL (commercial driver’s license) you cannot enter into DUII Diversion.

Your Eugene criminal defense lawyer will be able to help determine if you qualify for DUII Diversion and help you enter the program in order that the DUII you have been charged with is dismissed at the end of the program.

What to Expect in Oregon DUII Diversion

Once you have been accepted into the DUII Diversion Program the court you will be referred to Alcohol and Drug Evaluation and Screening Specialists or ADES. At ADES you will undergo an evaluation where they will determine if you have any substance abuse issues and prescribe treatment that you will be required to complete as part of your DUII Diversion Program. They will then refer you to a drug and alcohol treatment facility where you will undergo your specific treatment plan. ADES will monitor you in order to make sure that you are attending the classes and completely the treatment program.

Within 90 days of being in DUII Diversion you will be required to attend a victim’s panel. In this panel victims of drunk driving accidents, members of MADD (Mothers Against Drunk Driving), and police officers will go over how drunk driving have impacted their lives and the downfalls of intoxicated driving. You will also be required to refrain from imbibing in alcohol or other non-prescribed substances for the year that you are in the treatment. An ignition interlock device (breathalyzer) will be placed into your car to ensure that you do not drive while intoxicated during the duration of your treatment.

Hiring a Eugene DUII Attorney

At Veralrud and Fowler we are committed to providing you with the best defense possible. When DUII Diversion is an option to dismiss the charges against you we highly recommend it. The Eugene criminal defense lawyer you hire from our firm will work hard to see that you have the best legal representation possible. We are determined to see that you are fairly treated by the justice system. If you are facing DUII charges call Veralrud and Fowler today for the best legal defense Eugene, Oregon can offer.

Oregon DUII Law Specifics

Every state has different laws to deal with driving under the influence of intoxicants. Depending on where you live, penalties might range from a small fine to jail time. In Oregon, DUII is considered a very serious offense. The unique sentencing guidelines, penalties, and legal specifics of Oregon DUII law make hiring an experience Eugene, Oregon defense lawyer a necessity. Only a defense attorney with years of training and exposure to the DUII legal framework has what it takes to successfully defend you after a DUII charge has been leveled.

Eugene, Oregon DUII Sentencing Guidlines

Like most of the rest of the country, Oregon uses a .08% blood alcohol content limit as their threshold qualifying as “under the influence.” This limit is .04% (half as high) for operators of commercial vehicles and 0.00% (no acceptable amount) for those under 21. Your blood alcohol content is typically assessed using a breathalyzer. It is possible to request other chemical testing such as a blood test in lieu of a breathalyzer test if a breathalyzer is counter-indicated (for instance, perhaps the driver suffers from emphysema or has been fitted for a respiratory stoma.) Refusal to submit to chemical DUII testing carries a fine of $500-1000 and results automatically in a one-year suspension of the suspect’s driving rights. Multiple refusals to submit result in steadily-higher fines and longer license suspensions.

What Will Happen?

In Oregon, a first DUII offense carries a fine of $1000-2000, 48 hours to a year of jail time, and the suspension of the operator’s driving rights for a year. Additionally, all Oregon DUII convictions require the operator’s vehicle to be fitted with an Ignition Interlock Device which is essentially a breathalyzer machine integrated into a vehicle’s ignition in such a way that it requires a successful (%0.00) result to turn on the car. A second Oregon DUII conviction leads to fines ranging from $2,000-3,000 and a three-year license suspension along with up to a year in jail. In the event of a third DUII, jail time increases to up to five years, fines increase to $2,000-10,000, and it is possible for the courts to order a permanent suspension of driving privilege. Oregon DUII laws are no joke.

What Else Should I Know About Oregon DUII Laws?

Most people don’t know that a defendant is not allowed to plea out of a DUII charge in Oregon. Oregon Code 813.170 specifically prohibits the abrogation of charges in DUII cases. Luckily for first-time Oregon DUII recipients, diversion is still an option. Entering a diversion program might mean dodging some or all the penalties associated with a DUII conviction, other than what is always a hefty and meaningfully damaging fine.

Can Eugene, Oregon Defense Lawyers Help?

Defense attorneys who have been working in Oregon over the years know how DUII law has become more and more punishing to those convicted. They realize the huge impact that a small choice can have on your life. They also know that an experienced defense lawyer in Eugene, Oregon has the knowledge and skills to make sure you get the best deal before, during, or even after a DUII conviction. If you are facing DUII, call Eugene attorneys Veralrud and Fowler today. They will help you get back on the road to success.

DUII Diversion Fees in Oregon

There is a mandatory diversion fee of $490 that must be paid over the course of the yearlong program (payment plans are available). The state of Oregon also requires a $150 alcohol diagnostic assessment fee, a victim impact panel fee which can range anywhere from $5 to $50, as well as the cost of the actual weekly diversion classes which vary from county to county.

eugene-oregon-criminal-defense-lawyer-97407-lorane-linslawIf you fail to comply with the terms of the Oregon diversion program, the court could discontinue your diversion and charge you with Driving Under the Influence of Intoxicants. This means you will be fined a minimum of $1000 as well as sentenced to 2 days in jail or 8 hours of community service. You will also still have to pay for the victim impact panel and alcohol treatment as part of the probation  process. Most people that fail the diversion course do so because they were charged with a new DUII or failed to attend the weekly diversion classes.

While a Eugene, Oregon criminal defense attorney is not required to enter the diversion program, Veralrud & Fowler has helped many previous clients successfully complete the diversion program and get on with their lives. We will carefully look through your case and find any suppression issues that may result in a dismissal or triable DUII cases. If there was an accident involved with the DUII, we will do everything we can to protect you from civil liability. Having an attorney on your side who is familiar with how the diversion program works will help ensure that you will be enrolled in the program and avoid the otherwise mandatory fine and community service or jail time.

Give Us a Call at 541-345-3333 for a Free Consultation About Your Case or Send Us an Email Below

975 Oak Street, Suite 798

Eugene, OR 97401

Phone  (541) 345-3333
Fax  (541) 342-1908

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